Program Director:Paul Emanuelli General Counsel and Managing Director, Procurement Law Office

Location:Osgoode Professional Development 1 Dundas St. W., 26th Floor Toronto, ON

Led by Paul Emanuelli, our outstanding faculty will give you the knowledge and practical skills you need to confidently handle today’s most pressing procurement project challenges.

Led by Paul Emanuelli, this goes beyond the Osgoode Certificate in Public Procurement Law and Practice. It is practical hands-on program that delves deeply into the major issues around the most pressing procurement challenges

• If you are involved in complex tendering issues, this program has been specifically designed to help procurement professionals manage the time pressures as well as the business and legal risks

• Learn the key strategies for successful project governance and deployment

• Get comfortable with Project Governance, Defensible Evaluations, Technical

Innovations in Advanced Tendering and Contract Design

Register today at:

osgoodepd.ca/advproc

THE OSGOODE CERTIFICATE IN

ADVANCED PROCUREMENT LAW AND PRACTICE: MAJOR PROJECTS AND TENDERINGNovember 19-23, 2018 • 5 Consecutive Days • In Person

SCMASupply Chain Management Association

Drawing on the expertise and experience from leading lawyers and experts from across the country, including:

Program Director: Paul Emanuelli, General Counsel and Managing Director,

The Procurement Law Office

Michael Atlas, Associate General

Counsel, TTC

Heather Baker, Procurement Advisory,

The Procurement Law Office

Rod Blake, Solicitor, City of Toronto

Carl Bonitto, Purchasing Manager,

Northumberland County

Hartley Borst, General Counsel, Visual

Compliance

Stephanie Dion, Strategic Sourcing

Specialist, Manitoba Hydro

Denise Durie, Procurement Portfolio

Manager, LCBO

Dan Franco, Supervising Engineer, City

of Kingston

Meaghan Gair, Counsel, Procurement

Law Office

Helaina Gaspard, Director, Governance

& Institutions, Institute of Fiscal Studies

and Democracy at University of Ottawa

Joyce Ho, Senior Development Manager,

Toronto Community Housing

Blayne Iskiw, Executive Director,

Strategic Contracting, Alberta Health

Services

Sahir Khan, Executive Vice-President,

Institute of Fiscal Studies and Democracy

at University of Ottawa

Albert Koke, Senior Director, Strategic

Procurement Unit, Toronto Community

Housing

Anna Krol, Legal Counsel, Procurement

Law Office

Tharshini Markandaier, Manager of

Procurement, Town of Richmond Hill

Alan McLeod, Deputy City Solicitor, City

of Kingston

Dr. Gabriela Prada, MD, MHA, Strategist, Health Policy Systems, Global

Government Affairs

Travis Ratsoy, Procurement and

Assurance Coordinator, Town of Stony

Plain

Program FacultyProgram Directors

Paul Emanuelli General Counsel and Managing

Director, Procurement Law Office

Paul Emanuelli is recognized by

Who’s Who Legal as one of Canada’s

leading procurement lawyers. He is

the General Counsel and Managing

Director of the Procurement Law

Offi ce, which was recently ranked

by Global Law Experts as Canada’s

top public procurement law fi rm.

Paul has an extensive track record

of public speaking, publishing

and training. He is the author of

Government Procurement, The Laws

of Precision Drafting: A Handbook

for Tenders and RFPs and the

National Tendering Law Update.

Register today at:

osgoodepd.ca/advproc

Failed projects are a major risk factor in public

and private sector procurement. The Osgoode

Advanced Certificate in Procurement Law and

Practice is an innovative course offering proven

methods for navigating the project cycle. Designed

to help procurement professionals across all

sectors manage the time pressures and business

and legal risks inherent in the tendering process,

this advanced program surveys key principles

relating to project governance and project

deployment. With a focus on team organization,

project design planning, defensible evaluations,

coordinated document drafting and assembly,

negotiated and automated tendering formats and

integrated contract management, this certificate

sets a new standard for advancing your tendering

practices and increasing the success rate of their

procurement projects.

The Osgoode Certificate in Advanced Procurement Law and Practice: Major Projects and Tendering

In five consecutive intensive

one-day modules, an

expert faculty will focus

on advanced concepts

of procurement law and

practice. There will be an

emphasis on the practical,

and classes will be taught

using a blended-delivery

method that includes

lectures, group discussions,

case studies and workshops.

• Roles and responsibilities of

decision-makers in the procurement

cycle

• The importance of integrating

project planning and design

principles into your organization’s

budget approval process

• How to properly organize your

project team and assign clear roles

and responsibilities

• Critical concepts for developing

business plans and procurement

strategies, with a particular focus

on scoping clear requirements that

properly align to pricing structures,

creating defensible evaluation plans

and award protocols, incorporating

properly designed contracts terms,

and selecting the right tendering

format for the specific project

• Practical group-based workshops

that focus on applying the five-

step fast-tracking design process

to a broad range of projects and

industries, including projects drawn

from the procurement portfolios of

course attendees.

• Who to include in initial planning

and design meetings and what each

member of the tendering team

should contribute to the plan

• Where design flaws can cause

project delays, cost overruns and

bid disputes and how to fast-track

projects with simplified RFQs or

flexible Negotiated RFPs

• How to apply fast-tracking principles

to launch your new projects or

jumpstart your stalled projects

Who Should Attend?• Procurement specialists and

professionals

• Government procurement, legal and

finance professionals

• Lawyers advising public purchasers

• Lawyers, advising vendors to public

purchasers

• Procurement policy advisors

• Board members, CEOs and finance,

legal and procurement managers

of public bodies including municipal

corporations, special purpose

enterprises, hospitals, school boards

and academic institutions

Topics Include:

Jean-Luc Pepin Research Chair, Faculty of Social Sciences, University of Ottawa

Sahir Khan, Senior Visiting Fellow, Jean-Luc Pepin Research Chair, Faculty of Social Sciences, University of Ottawa

Dr. Gabriela Prada, MD, MHA, Strategist, Health Policy Systems, Global Government Affairs

DAY 2

November 20, 2018 9:00 a.m. – 5:00 p.m.Contract Design: The Foundations of Contract Management

Contract Design Overview

• Distinguishing between simple “one-time delivery” transactions and more complex arrangements that call for ongoing contract management mechanisms

• Knowing when to use simplified purchase order terms

• Deploying streamlined letter agreements

• Using formal legal agreements for more complex projects

Contract Anatomy

• Promoting integrated contract management by incorporating contract performance terms that define your requirements

• Adapting specialized contract terms that are tailored to your specific transactional needs and your specific industry, with particular consideration given to: (i) acceptance testing procedures (ii) subcontracting and key individual commitments (iii) change management and change order protocols (iv) confidentiality, access and privacy provisions (v) insurance and indemnity clauses (vi) limitation of liability disclaimers and (vii) dispute resolution and termination protocols

Contract Anatomy: Bypassing Boilerplate Battles - Surveying the Contractual Matrix

Flexible Format Case Study: Using the Negotiated Requests for Proposals in Recent Major Projects

RFX Design Workshop

This segment will use case studies based on simplified, standard and advanced contract formats. Working in teams, attendees will respond to fact scenarios that will require them to consider the different components of contract anatomy,

AgendaDAY 1

November 19, 2018 9:00 a.m. – 5:00 p.m.Project Governance: Integrating Project Design into the Tendering Process

Integrating Project Governance into your Procurement Cycle

• The perils of improper governance

• Integrating project design planning into your project budget approval process

• Clarifying your project approval and review process flow

• Establishing clear roles and responsibilities across the project team

• Managing external advisors and subject matter experts

Understanding the Cause of Major Project Failures

• Identifying the leading causes of project failure and addressing those factors during the project design stage through the proper sequencing of project design decision-making

• Planning your projects to ensure proper alignment

Procurement Innovation in the Health Sector: Leveraging Leading Global Practices within Canada

Scoping Project Requirements and Aligning Pricing Structures

• Designing a clear initial mapping statement that identifies your project requirements and properly aligns those requirements to clear pricing structures

• Mitigating project delays and performance disputes by properly identifying key project milestones and linking your payment protocols to supplier performance benchmarks

• Identifying material project risk factors at the outset of project planning to facilitate timely disclosures during the tendering process

• Ensuring that your project scoping aligns with your budget constraints

FacultyPaul Emanuelli, Procurement Law Office

Helaina Gaspard, Senior Research Associate,

map those components to different contract architectures, and determine the most appropriate match of contract anatomy and design.

FacultyPaul Emanuelli, Procurement Law Office

Meaghan Gair, Counsel, Procurement Law Office

Joyce Ho, Senior Development Manager, Director of Procurement, Toronto Community Housing

Albert Koke, Senior Director, Strategic Procurement Unit, Toronto Community Housing

Anna Krol, Counsel, Procurement Law Office

DAY 3

NOVEMBER 21, 2017 9:00 a.m. to 5:00 p.m.The Art of Selection: Building Defensible Evaluations

Managing Mandatories

• Identifying and consolidating mandatory evaluation requirements

• Limiting mandatories to compulsory requirements only and integrating desirables into your scored rated criteria

• Establishing objective pass/fail criteria

• Anchoring your mandatory evaluation requirements

Aligning Pricing Structures for Transparent Price Evaluations

• Building transparent price evaluations

• Accurately disclosing anticipated work volumes for proper price calculations

• Deciding between low bid and high score selection plans

Financial Considerations: Financial Resource Evaluation and Net Present Value Considerations Integrating Clear Non-Price Evaluation Criteria

• Avoiding undisclosed criteria, hidden scoring formulas or arbitrary scoring procedures

• Moving beyond abstract concepts of “best value” by clearly identifying the specific non-price criteria that will be used in scoring and ranking proposals

• Disclosing the relative weightings and sub-weightings

• Identifying any minimum scoring thresholds

Register today at:

osgoodepd.ca/advproc

Flexible Format Case Study 2: Using the Negotiated Requests for Proposals in Recent Major Projects – Legal Perspectives

• A panel of solicitors will describe their recent experiences using flexible formats in major tendering projects.

The Art of Selection: Creating Fair Process Paths

• Disclosing the entire evaluation, selection and award process and avoiding hidden or vaguely defined discretionary stages

• Identifying situations where the solicitation may result in multiple or partial contract awards

• Establishing clear post-selections rules

• Ensuring that the scope of the awarded contract is consistent with the description of requirements in the original solicitation document

• Maintaining proper records of the entire evaluation process

Alberta Health Services CIS RFP Case Study

Faculty:Paul Emanuelli, Procurement Law Office

Michael Atlas, Associate General Counsel, TTC

Rod Blake, Solicitor, City of Toronto

Hartley Borst, General Counsel, Visual Compliance

Alan McLeod, Deputy City Solicitor, City of Kingston

Dan Franco, Supervising Engineer, City of Kingston

Blayne Iskiw, Executive Director, Strategic Contracting, Alberta Health Services

DAY 4

November 22, 2017 9:00 a.m. – 5:00 p.m.Deploying Advanced Tendering Formats

Suveying the Procurement Playbook – Using Treaty Compliant NRFPs

• Understanding the specific construction industry conditions that led to the adoption of “Contract” A fix-bid process contract

• Analyzing the risks and restrictions inherent in fixed-bid tendering formats

• Highlighting the construction industry’s adoption of flexible formats

Demystifying Dialogue RFPs – Balancing

Transparency and Confidentiality

• Explaining the key advantages of using Negotiated RFP formats instead of the Invitation to Tender/No-Negotiation RFP fixed-bid formats

• Implementing defensible rectification processes and transparent, low-risk evaluation and award protocols

• Integrating transparent and defensible post-bid price-reduction processes

The Art of Award: Tactical Considerations

Advanced Negotiated RFP Workshop Panel

In this interactive workshop, attendees will consider challenging fact situations drawn from a broad range of industries. Topics include:

• The core building blocks for properly structured Negotiated RFPs

• Factors that will help you decide whether to go to market with detailed specifications or with an outcome-based model

• How to mitigate tender compliance disputes

• The key differences between positional and interest-based bargaining

• How to identify and defend against sharp supplier tactics

• How to win improved pricing and better performance terms

FacultyPaul Emanuelli, Procurement Law Office

Carl Bonitto, Manager of Procurement and Risk Management Services, Northumberland County

Stephanie Dion, Strategic Sourcing Specialist,

Manitoba Hydro

Denise Durie, Procurement Officer, University of Toronto Mississauga

Tharshini Markandaier, Manager of Procurement, Town of Richmond Hill

DAY 5

November 23, 2018 9:00 a.m. – 5:00 p.m.Technological Innovations in Advanced Tendering

Automating Your Procurement Process

• An introduction on the use of framework agreements, including the recent development

of internationally recognized standards for open and closed frameworks

• Creating master contract structures and roster subcategories

• Using live e-auction bidding under your framework agreements

• Implementing transparent supplier monitoring procedures

• Establishing treaty-compliant refresh protocols

• Automating framework agreements to enable widespread deployment across your organization and across multiple-organization purchasing pools

Leveraging Technology for Treaty Compliance – A Municipal Case Study

• Exploring how a small Alberta municipality leveraged technology to implement a dynamic purchasing system.

Using Electronic Auctions in Your Negotiated RFPs

• Surveying the widespread adoption of live Electronic Auctions (a.k.a. “reverse auctions”) across the private sector and considering how those practices can be integrated into the advanced tendering practices of public sector organizations

RFX Design Fast Tracking Workshop – Finalizing Your Project Design

Working in a project design spreadsheet template and building on the group collaboration on

Days 1 – 4, groups will finalize their project design plans by confirming project requirements, pricing structures, evaluation plans, contract assembly, and tendering formats.

FacultyPaul Emanuelli, Procurement Law Office

Travis Ratsoy, Procurement and Assurance Coordinator, Town of Stony Plain

Heather Baker, Senior Procurement Advisor, Procurement Law Office

Julia Mills, Procurement Advisor and Communications Specialist, Procurement Law Office

Registration DetailsFee per Delegate 4295 plus HST $4,853.35 SCMA members (10% Discount): $3,865.50 plus HST: $4,368.02

Fees include attendance, program materials, lunch and break refreshments. Visit www.osgoodepd.ca/financial-assistance for details about financial assistance.

Program Changes

We will make every effort to present the program as advertised, but it may be necessary to change the date, location, speakers or content with little or no notice. In the event of program cancellation, York University’s and Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.

Cancellations and Substitutions

Substitution of registrants is permitted at any time. If you are unable to find a substitute, a full refund is available if a cancellation request is received in writing 21 days prior to the program date. If a cancellation request is made with less than 21 days notice, a $150 administration fee will apply. No other refund is available.

For Further Program–Related Information please contact:

David Mahony, Program Lawyer at 416.673.4672 or email dmahony@osgoode.yorku.ca

Certificate of Program CompletionYou will receive a certificate upon completion of The Osgoode Certificate in Advanced Procurement Law and Practice: Major Projects and Tendering. Participants must attend all program modules and must pass the in-class assessment to receive a certificate.

4 Convenient Ways to RegisterRegister today at:

osgoodepd.ca/advprocMail Online Fax Call

OsgoodePD has been approved as an Accredited Provider of Professionalism Content by the LSO.

Eligible CPD Hours - LSO (ON): 35h (31h 15m Substantive, 3h 45m Professionalism).

OsgoodePD programs may be eligible for CPD/MCLE credits in other Canadian and US jurisdictions. To inquire about credit eligibility, please contact cpd@osgoode.yorku.ca.

© Osgoode Professional Development, 2018

Excellent course - I obtained a great deal of information to enhance my procurement functions and educate the project team on additional things to consider.

Fay Klassen, Senior Contract Specialist at St. Joseph’s Healthcare Hamilton (2016)

Best public procurement training I’ve undertaken. Paul has been an excellent communicator with very clear and nuanced information. I truly learnt a lot and had some pre conceived notions demystified.

Sarah, Regional Municipality of Peel (2017)

Great info for my role as someone involved in the planning of a major procurement but not the procurement administration role. Great summaries (the 5 questions, what we want, on time, on budget, no broken rules) that are easy to remember and work into business cases and project planning.

Andy Scotter, Ministry of Health & Long Term Care (Ontario) (2017)

Paul assembled a knowledgeable team of industry players and delivered a week of learning that was on-point and relevant to both me and my company.

Chris Angus, Canada Post Corporation, Sourcing Manager - National Transportation (2017)